Legal Opinion

Maynard v. Railey

Nevada Supreme Court

Decided July 1, 1866PublishedCited by 13 opinions

This was a writ of certiorari issued from this Court upon the petition of Thomas H. Williams et al., defendants in the suit of H. Gr. Maynard against Isaac Railey et al., to the District Court of the Second Judicial District, requiring that Court to show by what authority certain orders were made in relation to the appointment of a receiver, and the taking possession of certain property.

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This was a writ of certiorari issued from this Court upon the petition of Thomas H. Williams et al., defendants in the suit of H. Gr. Maynard against Isaac Railey et al., to the District Court of the Second Judicial District, requiring that Court to show by what authority certain orders were made in relation to the appointment of a receiver, and the taking possession of certain property. This writ will be issued when an inferior Court has exceeded its jurisdiction, and there is no adequate remedy by appeal, or when such Court has not regularly pursued its authority. 2d Bacon’s Abridgment, “…

1Opinion of the Court

Opinion by

Lewis, C. J., full Bench concurring.

This case comes before this Court upon a writ of certiorari issued to the District Court of the County of Ormsby, the defendants claiming that the Court below had exceeded its jurisdiction in the appointment of a receiver of certain property and business in which all the parties to the action seem to claim some interest.

Section 403 of the Civil Practice Act of this State, provides that “ this writ may be granted on application by any Court of this State, except a Justice’s Court, in all cases where an inferior tribunal, board, or officer…

2Cited by13 opinions

  1. Phillips v. WelchNevada Supreme Court · 1877
  2. State v. Board of County CommissionersNevada Supreme Court · 1869
  3. Maitia v. Allied L. & L. S. Co.Nevada Supreme Court · 1926
  4. Ex Rel. Cameron v. District CourtNevada Supreme Court · 1924
  5. Kapp v. District Court of the Seventh Judicial DistrictNevada Supreme Court · 1909

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